Leawood Birth Injury Lawyer

What signs should I be looking out for 

If you think you have noticed things are off, you may be wondering if there are certain signs and symptoms that you should look for. Immediately following birth, you may notice: 

• Your child is having a difficult time breathing
• The medical team needs to give your baby CPR
• Your child has injuries or swelling on their head or shoulders 
• Your child has a difficult time moving an area of their body

If you have seen any of these symptoms in your child after giving birth, you should contact a Leawood, Kansas birth injury lawyer to speak with them about the possibility of medical malpractice during your delivery. 

Other Signs of a Birth Injury 

Because of the vulnerable state of a baby immediately after birth, certain things may appear to be a birth injury but are simply your child adjusting to the world. You may not notice any signs of a birth injury until months or even a year after your child is born. If they are not developing correctly and missing major milestones, it is important you speak with your child’s pediatrician and a birth injury lawyer. While some children miss milestones and make up for them or continue developing correctly, an inability to talk or walk can be a huge indication that your child has suffered from a birth injury. 

I’m not sure how to proceed with a birth injury claim. What can I do?

One of the greatest jobs you will ever have is protecting your child. Filing a claim after they have suffered from a birth injury is one way to do this. A birth injury claim can allow you to get them the medical help they need, rehabilitation or therapy, and even compensation for pain and suffering. Speaking with an attorney can help you understand if a birth injury occurred and it can provide you with the next steps you need to take. Call The Law Office of Daniel E. Stuart, P.A. to see how our Leawood, Kansas birth injury lawyer can help you and your family. 

Who Is A Birth Injury Lawyer

Birth injury is a term used to describe any harm caused to a baby during the birth process. When a baby is injured during childbirth, it can cause lifelong complications. Many birth injuries are minor and can be treated with rest, but others can be severe and require surgery and extensive medical care.

A Birth Injury Lawyer Leawood, KS is a medical professional with a specialty in the law. They are trained to help you through the legal process surrounding your child’s birth injury.

Birth injuries can range from minor to severe and can include brain damage, physical deformities, spinal cord damage or death. If your child suffered an injury during birth, you may be eligible to file a lawsuit against whoever is responsible for causing your child’s injuries.

It’s important to note that not all birth injuries are preventable. Some are caused by inherent risks in pregnancy, labor, and delivery or by medical conditions that make it unsafe for your child to be born vaginally or via C-section. However, some birth injuries can be avoided if doctors follow proper procedures and protocols during the birthing process.

Why You Need To Hire A Birth Injury Lawyer

If your child was born with an injury that was caused by medical negligence, you might be eligible for compensation through a birth injury lawsuit. A Leawood birth injury lawyer can help you determine if you have a case and pursue financial damages on your behalf.

The most common birth injuries include:

Brain damage

This is one of the most common types of birth injury that causes permanent brain damage and disability. Brain damage may occur as a result of an infection, bleeding or lack of oxygen during labor and delivery.

Spinal cord injuries

These are caused by incorrectly performed forceps delivery or vacuum extraction. Such injuries can lead to paralysis and nerve damage, which can cause incontinence, loss of bladder control and sexual dysfunction later in life.

Neural tube defects

These occur when the neural tube fails to close properly while developing inside the mother’s womb resulting in serious birth defects such as spina bifida (open spine) or anencephaly (absence of major parts of brain).

Cerebral Palsy

This is a condition where the part of brain controlling movement does not develop properly resulting in muscle weakness and poor coordination.

We understand how stressful it can be when a child is injured during childbirth or soon after birth. If a doctor was negligent during this time, then the parents and their child may be entitled to compensation for their damages. Our firm helps families who have suffered from medical malpractice during the birthing process obtain compensation for their damages so that they can move forward with their lives.

If you want to file a lawsuit against someone who caused your child’s birth injury, it is important that you hire an experienced birth injury attorney in Leawood who knows how to handle these types of cases. An experienced birth injury lawyer from The Law Office of Daniel E. Stuart, P.A. will help ensure that all of the necessary steps are taken to protect your rights when filing a lawsuit against someone who caused your child’s injuries.

Reasons To Hire A Birth Injury Attorney

Birth injuries can have devastating effects, but your birth injury lawyer can help you secure some much-needed compensation. Here at the Law Office of Daniel E. Stuart, P.A., we understand the sensitive nature of these cases and are dedicated to supporting families affected by birth injuries. Here are compelling reasons to consider legal help:

1. Professional Assessment Of Your Case

Understanding whether a birth injury was preventable or a result of medical negligence can be complex. Your legal team can provide a thorough assessment of your case, review medical records, and consult with medical experts to determine if the standard of care was breached.

2. Handling Complex Medical And Legal Issues

Birth injury cases involve intricate medical terminologies and complex legal principles. Your attorney will handle these complexities and work to simplify the process for you. This allows you to focus on the care and recovery of your child rather than the stress of legal proceedings.

3. Securing Just Compensation

Medical treatments for birth injuries can be extensive and expensive. Legal representation can help secure compensation that covers medical bills, ongoing care costs, necessary modifications to your home, and other related expenses. Additionally, compensation for non-economic damages like pain and suffering can also be pursued.

4. Navigating Insurance Challenges

Dealing with insurance companies can be frustrating and confusing. Insurers often attempt to minimize payouts or deny claims altogether. Your birth injury lawyer will have the experience to negotiate with these companies effectively, ensuring that your family does not have to settle for less than what is required to care for your child.

5. Advocating For Your Child’s Future

The consequences of a birth injury can last a lifetime. It is vital to consider future needs, including medical care, physical therapy, educational accommodations, and more. Your attorney will work to ensure that a settlement includes provisions for these long-term considerations, safeguarding your child’s future.

6. Access To Resources

Your legal team can connect you with medical professionals who specialize in treating birth injuries and can provide your child with the best care. They can also recommend support groups and counseling services to help your family cope with the emotional impacts of the injury.

7. Holding Responsible Parties Accountable

Seeking legal help serves not only to secure financial compensation but also to hold responsible parties accountable for their actions. This can prevent future negligence and improve safety protocols in medical practices, contributing to better healthcare standards.

8. Timely Filing Of Legal Claims

There are statutory deadlines for filing medical malpractice claims, known as statutes of limitations. Your attorney will ensure that all claims are filed within these legal time frames to preserve your right to compensation.

9. Professional Representation In Court

If your case goes to trial, having experienced legal representation is invaluable. Your attorney will manage all aspects of the trial, from filing legal motions to presenting evidence and arguing your case, ensuring that your rights are protected throughout the process.

Contact Us Today

At the Law Office of Daniel E. Stuart, P.A., we have over 57 years of experience with birth injury and medical malpractice cases. Now, it’s our turn to help you. Get in touch with us today, and see what a birth injury lawyer from our office can do for you.

Leawood Frequently Asked Questions For Evidence Needed For Successful Birth Injury Cases

Understanding what types of evidence are necessary is crucial to building a strong claim for a birth injury case. Whether it’s medical records or expert testimony, gathering the right evidence helps establish liability and demonstrate how the injury occurred. As a Leawood, KS birth injury lawyer, we’ve seen how essential proper documentation is when pursuing compensation for families affected by medical negligence. Below, we’ll address some of the common questions about the evidence needed in a birth injury case.

What Types Of Evidence Are Important In A Birth Injury Case?

In a birth injury case, various types of evidence are necessary to build a strong case. This includes medical records from the prenatal care through delivery, testimonies from medical professionals, and sometimes video or photographic evidence of the delivery process. The goal is to show how the injury occurred, whether it was due to medical negligence, delayed actions, or improper procedures. By gathering a range of relevant evidence, it becomes easier to connect the injury directly to the healthcare provider’s actions.

How Can Medical Records Help Prove A Birth Injury Case?

Medical records play a significant role in proving a birth injury case. These records provide a detailed history of the mother’s prenatal care, the conditions during labor, and the medical interventions used during the delivery. They can reveal whether there were any red flags or complications that were missed, or if the healthcare provider’s response to certain situations was inappropriate. We often look for inconsistencies or omissions in these records, which may indicate that standard protocols were not followed.

Are Expert Medical Opinions Required For A Birth Injury Lawsuit?

Yes, our Leawood birth injury lawyer can share that expert medical opinions are often necessary for a birth injury lawsuit. These opinions help explain complex medical details to the court, translating the information into terms that are easier to understand. Expert testimony can clarify whether the standard of care was met and if the actions taken by the healthcare team were within acceptable medical practices. However, these opinions are just one part of the overall body of evidence used to support the case.

Can Witness Statements Be Used As Evidence In A Birth Injury Case?

Yes, you can absolutely use witness statements in a birth injury case. These statements are typically from individuals who were present during the labor and delivery, such as nurses, attending physicians, or family members. They provide a first-hand account of what happened in the delivery room and can highlight any instances where the healthcare providers acted improperly or failed to act when necessary. While not the sole basis of a case, witness statements can strengthen the overall narrative of what occurred.

How Does Fetal Monitoring Data Contribute To A Birth Injury Claim?

Fetal monitoring data is a critical piece of evidence in birth injury claims. This data tracks the baby’s heart rate and other vital signs during labor, giving insight into how the baby was doing at different stages of the delivery. If there were signs of distress that were ignored or not acted upon quickly enough, this could point to medical negligence. Fetal monitoring records can show whether the medical team responded appropriately to any issues or if delayed action contributed to the birth injury.

Building A Strong Birth Injury Case Through Evidence

To prove that medical negligence led to harm in a birth injury case, it will be key to gather the right evidence. It’s essential to work with legal professionals who understand how to collect and present this evidence effectively. Daniel Stuart has been representing individuals since 1994, and has the experience necessary to support and represent you with your case. Attorneys like those at the Law Office of Daniel E. Stuart, P.A. can help guide families through this process. If you believe your family has been affected by a birth injury and are considering legal action, contact us today for a consultation, we are available 24/7. A qualified Leawood birth injury lawyer can assess your case and discuss how to pursue compensation for your child’s injuries.